The International Legal

Framework for the Human

Right to Water & Sanitation

S. Salman

July , 2012

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Why the Human Right to Water?

The Gloomy Arithmetic of Water: 880 million people lack access to improved water resources

2.6 billion people are without provision of sanitation

1.5 million children under 5 die annually of water borne diseases

By 2050 one fourth of world population will live in countries with chronic water shortage, mostly in the ME, and Africa

The continuing Challenge – population growth

This situation generated extensive debate on Competing demands of different uses and users

How to guarantee access of the poor and vulnerable

Global Population Growth

Historical View of Population Growth

from 1 A.D. to 2000 A.D.

0

1

2

3

4

5

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140

060

080

010

00

1200

1400

1600

1800

2000

Year

Po

pu

lati

on

in

Bil

lio

ns

Projected Population Growth

Source: UNFPA

Outlines show those basins that are both in and approaching scarcity

Water Scarcity Projections: 1995-2025

15%

Stress

48%

Adequacy

33%

Scarcity

Projected Water Scarcity 1995 - 2025

Note: Estimates for 2025 are based on the United Nations’ low-range projections for

Population growth (7.2 billion). Four percent of water is unallocated.

Source: World Resources Institute, 2000.

Examples of Water Consumption

An average American

uses 90 gallons a day

A European 53 gallons

A Sub-Saharan African

5 gallons a day

Main International Instruments

General Comment No. 15 by the Committee on

Economic, Social and Cultural Rights in

November 2002 – unleashed the right

United Nations General Assembly Resolution

64/292 of July 2010

122 for 41 abstention, no negative vote

UN Human Rights Council Resolution 15/L.14 of

September 2010.

Operative Paragraphs

Paragraph 2 of GC 15

The human right to water entitles every one to

sufficient, safe, acceptable, physically

accessible and affordable water for personal

and domestic uses. (No reference to sanitation)

Para 1 of the UNGA Resolution and para 2 of the

UNHRC resolution declared:

the right to safe and clean drinking water and

sanitation as a human right that is essential for

the full enjoyment of life and all human rights.

UNHRC resolution reiterated para 2 of GC 15

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Analytical Foundations of the Right

under GC 15 and HRC Resolution

The Committee and HRC relied on three

analytical foundations for recognition of the

human right to water:

Derivation and Inference

Centrality and Necessity

Prior Recognition of the right

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Derivation and Inference

Committee and HRC relied upon derivation

and inference of the right to water from

Article 11 of the ICESCR – the right of every

one to an adequate standard of living ….

Including adequate food, clothing & housing &

continued improvement

Article 12 of the ICESCR – the right of every

one to the enjoyment of the highest standard of

physical and mental health

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Centrality and Necessity

Committee and HRC argued centrality of water to

the other rights under the ICESCR

Article 1 (2) people shall not be deprived of its

means of subsistence

Article 3 of the UDHR – Everyone has the right

to life, liberty and security of person

Many rights are interwoven around water and

cannot be attained without water;

Right is essential for the full enjoyment of life and

all human rights

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Prior Recognition

Significant part of the argument on the

human right to water is built on existence of

right under other instruments

Conventions and treaties

Soft law instruments – Resolutions and

Declarations

Regional initiatives and plans

Domestic Legislation – Constitutions and laws

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Conventions and Treaties

Convention on Elimination of all forms of

Discrimination against Woman, 1979 (176 parties)

Convention on the Rights of the Child, 1989 (192)

Convention on Elimination of all forms of

Discrimination, 1965 (175 parties)

Two Geneva Conventions Relative to the

Treatment of Prisoners of War & Treatment of

Civilians in time of war 1949 (150 parties)

Convention on Rights of Persons with Disabilities,

2005, (111 parties)

UN Watercourses Convention (not yet in force)

ICESCR 1966 (148 Parties)

Resolutions and Declarations

Resolutions of different conferences and forums

Mar del Plata UN Water conference

Dublin and Rio conferences

The five World Water forums

UN General Assembly resolutions

The Millennium Declaration

International Decade for Action

Other resolutions – Right to Development, International Year of Freshwater

Regional Commitments and Initiatives Abuja, New Delhi, Sharm El-Sheiksh, Beppu

Protocol on Water and Health

Mar del Plata and Rio

Mar del Plata 1977

All people have the right to have access to water

in quantities and of quality equal to their basic

needs

Rio 1992

“…it is vital to recognize first the basic right of

all human beings to have access to clean water

and sanitation at an affordable price…”

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The Millennium Development Goals

Eight development goals to be achieved by 2015

Include reducing by half the proportion of people without sustainable access to safe drinking water.

International Decade for Action

Normative Content of the Right

Availability

Sufficient and continuous

WHO Guidelines:

• single tap: 50 liters pd; multiple taps 100 -200 lpd

Quality

Safe and free from micro-organisms

Problem of both developing and developed countries

Accessibility

Physical accessibility

Distance traveled to fetch water

Normative Content of the Right

Affordability

Should this mean free water?

Arguments against free water

• Managing demand

• Controlling wasteful uses and misuse.

• Sustainability of resource and utility

Targeted subsidies

• South Africa (constitution), Chile, France and Armenia

State Parties’ Obligations

Obligation to respect

Requires state parties to refrain from interfering

directly or indirectly with enjoyment of the

right to water

Obligation to Protect

Prevent third parties from interfering with

Enjoyment of right

Obligation to fulfill

Obligation to facilitate, promote and provide

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Core Obligations

To ensure

Access to the essential minimum amount of

water

Non-discrimination

Physical access

Personal security

Equitable distribution

Adopt and implement national water

strategy and plan addressing the whole

population

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Conclusion: Challenges to the Human

Right to Water & Sanitation Multiple Challenges related to implementation

Legislation

To reflect country’s international obligations

Financing

Delegation of services, and the state obligations

Role of non-state providers (private sector)

Full transparency in planning and implementation

Role of international financial institutions

Management

Participation of users

Affordability

Pricing, Free Water, & the issue of Subsidies

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